The Sun. — London, England, 1810-07-19 00:00:00

Thal message from your E);cellency, stating, "that M ijt;..ty had de6ded that the American propeity s•izcd in the ports of Spain, should be sold, but that I money arising therefrom should remain in 4!epot." • I fa& which forms thi s reason h e un f oun d e d , th e tea! I son itself fails, and the right with it.- In this view of the business, I may be permitted to inquire when and where arty seizure of a French vessel hasaaen place under the Non-intercourse Law ? And, at the • same time, to express my firm persuasion that no such seizure has been made ; a persuasion,. founded alike on the silence of the Government, and of the Jour nals of the Country, and still more on the positive declaration of several well-informed and respectable persons who have left America as late as the 26th of December last. My conclusion therefore is, that no French vessel having violated the law, no seizure of such vessel has occurred, and that the report which has reached Paris, is probably founded on a circumstance altogether unconne&ed with the Non intercourse Law, o; its operation. Though far from wishing 'to prolong this letter, I cannot close it without remarking the great and sudden change wrought in his Majesty's sentiments with regard to the defensive. system adopted by the United States. The law which is now believed to furnish graund for reprisal, was first communi cated to his Majesty in June or July last, and cer tainly did not then excite any suspicion or feeling unfriendly to the American Government. - Far from this, its communication was immediately followed by overtures of accommodation, which, though pro ductive of no positive arrangement, did not make matters worse than they found them. On 'the 22d of August last, I was honoured with a fill exposition of the views and principles which had governed, and which should continue to govern his Majesty's policy in relation to the United States, and _in this we do not find the slightest trace .of complaint against the provisions of-the law in ques tion. At a period later than the 22d of August, an American ship, destined to a port of Spain, was ' captured by a French privateer. An appeal ,was made to his Majesty's Minister of War-, who, hav ing submitted the case, received orders to liberate all American vessels destined to Spanish ports which had not violated the Imperial Decrees. Another American ship, at a point of time still later than the capture of the preceding, was brought into the port of Bayonne, but having violated no law of his Ma jesty, was acquitted by his Council of Prizes; and lastly, in the long conversation I had the honour of holding with your Excellency on the 25th of Ja nuary, no idea of reprisal was maintained by you nor suspeaed by me ; but on the contrary, in speaking of -the seizure of American property in Spain, you expressly declared, that it was not a confiscation. Can proofs be more conclusive, that from the first promulgation of the law down to the 25th of January last, nothing in the nature of re prisal was contemplated by his Majesty ? What circumstance may have since occurred to produce a change in his opinion, I know not; but the confi dence I feel in the open and loyal policy of his Ma jesty, altogether excludes the idea, that the rule was merely found for the occasion, and made to justify seizures, not otherwise - justifiable. I pray your Excellency to accept, &c. On receiving this'information, two question sugs gssred themselves. • t st. Whether this decision was or was not extend ed to -hips as well as to cargoes? and. 2nd. Whether the money arising from the sales which might be made under it, would or would not be subject to the issue of the pending negociation ? The Gentlemen charged with the delivery of your message not !laving been instruEled to answer these otiesfit.os, it becomes my duty to present them to i'oar Excellency, and to request a solution of them. Nor is it less a duty on my part to examine the ground on which his Majesty has been pleased to take this decision, which I understand to be that of Reprisal, suggested for the, first time in the note you , me the honour to write to me on the 14th ' lilt. • In the 4th paragraph of this Note it is said,. that " his Majesty could not have calculated on the measures taken by the United States, who hav ing no grounds. of complaint against France, ' have comprised her in their aets of exclusion., and since the month of May last have prohibited the eat y into t!,eir ports of French vessels,' by, subjeta log thew to confiiscation." . It is true that the United States have, since the 26t11" May last, forbiddeli the entry of French ves- 1 sels into their harbours, and it is also true that the penalty of confiscation attaches to the violation of this law. ' But in what. respea does this offend France ? Will she refuse to us. the right of reaulating commerce within our own ports ? or will she deny that the law in question is a regulation merely muni cipal ? Examine it both as to the .Objea and means; what does it more than forbid American shipS from going into the ports of France, and French ships fro•ri coming into those of the United States'? And why tsis prohibition ? To avoid injury and insult ; to escape that lawlessness which is declared to be " forced consequence of the decrees'of the British Council." If then its objed, be purely defensive, what are its means ? Simply a law previously and generally proorulgated,- operating solely within the territory of the United States, and pun skiing 'alike the infractors of it, whether Citizens of the said States or others. And what is this but the exercise of a 'right common to all Nations, of excluding at their \s ill foreign commerce, and of enforcing that exciusion ? Can this be deemed a wrong to France? Can this - be regarded as 'a legititnate cause of re ' prisal - on the part of a Power who makes it the first duty of Nations to defend their sovereignty, and who veu denationalizes the ships of those who will not subscribe to the opinion ? • But it has been said, that the " United States had nothing to complain of againstsFrance." VV'ss the capture and condemnation of a ship dri • ven en 'the Shores of - France by stress of weather, ' 1 and ihs perils of the sea, nothing ? Was the seizure and condemnation. of many cargoes brought to • • France in ships violating no law, and admitted to regUlar entry at the Imperial - Custom-houses, no-' thing ? Was th e v i o l at i on o f our maritime rights, consecrated as they have been by the solemn forms of a public treaty, nothing? I n a wor d, was i t no - •Paris, March,2o, ar o . • thing that our ships were burnt on the high seas, San—The United States wishing to fulfil their without other offence than that of belonging to the engagements to the holders of their public debt in ss United States, or other apology than was to be . Holland, but unable, from the present state of found in the enhanced safety of the perpetrator ?'- - .Streik, if it be the duty of the United States to re- commerce,' to do so by the ordinary mode of remit . • sent the theoretical usurpation of the British Orders ting bills of . exchabge, found it necessary to enter •..of. November 1807, it cannot be less their duty • into contraas with certain merchants of'the said to complain of th e d a ily an d p i rat i ca l outrages on • - the part of Franc e !It i s i n d ee d true, that were States, to remitt ance i n to b acco. A cargo of the people of the United States destitute of policy, this article was accordingly put on board of the, of 'honour, and of energy (as has been insinuated), American ship Hero and dispatched' for the port they might h ave a d o p te d a system o f di scr i mination . between the two great Belligerents ; they might of Tonningen, in Denmark, with orders that the have drawn imaginary lines between the first and net proceeds should be 'placed in the hands of the second aggressor; they might have• resented in the American bankers in Amsterdam for the purpose one a conduct to which they tamely submitted in , anove-mentioned. the other, and in this way have patched up a com promise between honour and interest equally weakl The passage ha v i ng b een uncommonly stormy, the and-disgraceful. B u t suc h was not t h e course they ship much damaged, and the crew quite exhausted, pursued, and it is, perhaps, a necessary consequence o the Captain believed it to be his On the prin .ftlie justice of their measures, that th e y ares at thisduty, eiple of self-preservation, to enter the' first port h e day, an ind e p en d ent nat i on. B ut I wi l l not press this part of nay subject, it would he affrontful to could make. He accordingly entered that of the your Excellency, knowing, as you do; that there I Texel, and,: a ft er h av i ng ta k en on board two 'pilots, are notiess th an on e h un d re d A mer i can s hi ps ' with in his Maj e sty' s p ossess i on , or t h at o f h i s Allies, 'tit and being withi n t h e f ourt h b uoy, was captured by multiply, proofs that the United States have grounds i a boat belonging to a French privateer. Besides the of complaint against France. • My attentio n is necessar il y ca ll e d to another ' part 1 customary pap ers ,, a ll o f w hi c h are in rule, the Hero sailed under a .cert ifi cate, granted by the Govern_ of the. same paragraph, w hi c h i mmed i ate l y follows i the, quotation already made :—" As soon," says I meat, that the voyage was undertaken for the pur your Excellency, " as his Majesty was informed of I pose ofeffe6li ng a nat i ona l remittance. this measure, (the N o n-I nte r course L aw ) i t b ecame I have thought, Si r , t h at the peculiarity of the . his duty to retaliate u p on t h e A ther i can vessels, not I only within his own territories, but also within the circumstances made it proper for me to ask a special. countries under his influence. In the ports of 'lol- decision of his Majesty on this case; and with this land, Spain, Italy, and Naples, the American yes- • I viewhave the honour of offering to, yo ur Excel sets have been s e i ze d, b ecause the Amer i cans had ' seized French vessels." lency . the present representation.—Accepf, Sir, &c. These retrial - 1(s divide themselves into the follow in heads : (Signed) JOHN ARMSTRONG. 1. The right of hi s Majesty to seize and clan- His Excellency ;he p u k e of Cadore. fiscate American vessels within his own territories. 2. The right to do so within the - territories of his Allies; and 3. The reason of that right, viz.--" Because the Atnericans had seized French vessels." The first of these subjeas has been already exa mined, and. the second must be decided like the first, since his Majesty's -rights within the limits of his Ally, cannot be greater than within his own. If then it has been shewn that the Non-Intercourse Law was merely defensive in its object; that it was but intended 'to. guard against that state of violence which unhappily prevailed; that it was restricted in its operation to the territory of the United States, and that it was duly promulgated there and in Eu rope before execution. It will be almost Unneces sary to' repeat- that a law of such description cannot authorise a measure of reprisal equally sudden and silent in its enactment and application, founded on no previous wrong, productive of no previous com plaint, and operating beyond the limits of his Ma it.sty's territories, and within those of Sovereigns wtio,liad even invited the commerce of the United Siatei to their ports. . It is ilierefore the third subje& only, the reason of the right, which remains to be examined ; and with regard to it, I may observe, that if the alleged (Sived) JOHN ARMSTRONG. His Excellency the Duke of Cadore, Minister of Exter for Relations. Paris, March 2f. SIR--I had yesterday the honour of stating to your Excellency the case of the American ship Hero, and requesting thereon his Majesty's decision, I have now that of informing you that a numberof American ships coming direelly from the United States to the portof Naples, under a promise ofproteEtion from his Majesty the King, have notwithstanding been seized, and their cargoes sold for the benefit of the tic." Nor does the injury stop here. Though thus deprived of all means subsisting themselves, the the Captains have been obliged to subsist the crews (amounting nearly to 300 men) and are now me naced with a farther exaction for port charges. This in the strong language of one of the sufferers, is lite rally to strip them naked, and then demand from them the expence of ;doing so. As the Consular Agent of the United States at Naples has made several un availing representations on this subje6t to the King, and he has reason to believe that the system, of which this treatment is a branch, emanates from • his Majesty the Emperor, it becomes my duty to • abounding with all the riches that bountequs nature submit the fa'as to your Excellency, and to seek, ever bestowed on the human race, it would be con trary to sound p o li c y, h i t h e present state of the through your intervention, such correction of t h e world, to submit, and we are determined no longer evil as humanity and justtce.may conspire to dictate. to submit to thedomination of any European or Fe- A remark; which fairly applies td the crews of the reign Power whatever. • For whilst a lawf u l G overnment e x isted in Spain , ships captured in Spai n and Naples, is, that sho u ld and her legitimate Ki ng . sat upon her throne, we vessels to whi c h th e y b e l ong be confiscated, have ever been loyal to his person, and faithful 1 . 6 means ought to be aff o rd e d to t h em o f retu rning - 16 leis Government ; an d our treasures have been the ' their country. I n t hi s event,• t h ere f ore, I have to • only support o f t h e E uropean Monarchy and its • allies, whilst we-had no i n te rest w h atever, and ou r propose to your E xce ll ency , t h at two or more ships country drained of those riches which timure bas be" be put at the dispositiori of the nearest American' • stowed, upon the inhats!tants of America, for their Consul, and permit te d t o sa il f or t h e U n i ted . States ,- • own happines s , sup p ort , ' an d defence., under bond for am oun t of their Under these con s id erat i ons, and to prevent t h e valu Oon res pec- inevitable and ruinous consequences of falling un der . Lively. lyoke of the Emperor of th e F renc h , t h e tyran t tlie of . Europe, and the oppressor of Spain,..we, the Spa" nish Provinces in America, declare ourselves a Free, Sovereign, and Independent People, not acknowleJg ing the Domination of any Povveron earth, refusing submission, 2nd denying and repelling the authority, of whatever nation may attempt dominion over us , This we unanimously engage and pledge ourselves to maintain and support with our lives, .our fortunes , and our sacred honours, calling Upon every ;ottani (ant in the Provinces to aid and support in carrying into effeet this our laudable and just resolution, and establishing for ourselves an d our posteii t v a free , equitable, a n d independent Government, that snarl secure our haiipin:is, anfil give us a place of !amour and respect among the iodependent nations of the earth. I am, Sir, &c. (Signed) J. ARMSTRONG. H. E. the Duke of Cadore. (CONSULAR OFFICE OF SPAIN.) New York, June 16. Whereas official information is received that the extensive Distrias of Maracaybo and Coro, which compose a large portion of the Province of Vene zuela, have unanimously disagreed to the anti-nation al measures lately adopted by their Brethren of the Distria of Caraccas, and are determined to presera e their integrity and fidelity to the Government of the Mother Country, administered in .the name of their beloved King, FERDINAND the Vllth, and have accordingly decreed that no vessel will be ad mitted from the United States of America into their ports, without the necessary Consular Do cuments from the Consul of his Catholic Mojesty resident therein, setting forth the names of the vessel, Captain, officers and crew, as wtll as passen gers ; it is hereby made known, to all those whom it may concern, that such documents will be gr.art ed at this office on application, wiihout which no vessel will be admitted into the ports of these dis triets; and as it is the particular wish of his Catholic Majesty's Government to cultivate the relations of friendship and trade between the United States and his dominions of Spain and America, it is to be hoped no vessel will proceed to the ports of these districts without carrying the documents required by the Government. And we do earnestly entreat all Foreign Nation s to guarantee our independence, and lb favour 05 with such alliance and assistance as may enabie 115 to defeat the designs of the enemies of nor LouitirP By thus disavowing our dependence 01 Spain, we solemnly appeal to Heaven for the retAituileot our iwenoons, and, we do protest before the sauri d jesty of GOD himself, th;it in ail' our meanies Wu have ever been actuated by motives pure and b () " nourable, and that tit e have no other design in vievi then' the preserva t i on o f ourselves, and the ro tectien of our common country. And w e d o mos t humbly supplicate that Being who decides ske tata of Nations, to smile on our exertions, and to bless and protect this our new established Empire. MAILS. Dug- -I Dublin, z Waterford. • I'RICE OF STOCKS 7H13 LAY AT TWELVE O'CLOCK. Consols I Red. Ann. 68 : ; Omium - itll SOLEM QUIS DICiRE FA LSUM AUDEAT? .. We subjoin the remarks contained in some of the American Papers, observing, that those supposed to be in the confidence of Government believe that Congress will be immediately called together, to declare war against France :---- " NEW-YORK, JUNE 13.-THE DISPATCHES._ Our readers are now in possession of the dispatches received by the John Adams. The National intelli gencer, on this subject, remarks, that though " they add little to the information previously received, they place that information in the most unquestion able shape, by giving it an official stamp. The hope that our frigate would not have been suffered to de part with such unwelcome intelligence is dissipated; and nothing remai ns b ut t h e manifestation of the A Goltenbergh illai/j arrive .1 thi s morning. Ic naked purpose of the French Governmen in pursue appears that some circuinstancea have transpired what it considers its line of interest, without regard ing our interest s or our r i ghts. It is possible that i which co n fir m t h e suspicion of the Crown Pri m previous to the departure of General ARAISTRONG having been poisoned, and a physician has, in cos' some amicable propositions may be made; but they sequence been taken' up. The greatest poss:b!e ought not to be expected, much less relied upon." military ,116 precaution s a p pear necessary to preserve . " EDITORIAL OPINIoNs.-The Editor of The Independent A mer i can, a paper primed at the Seat tranquility of St oc kh o l m. of Governm ent , says, h e has maim+ ity to state n p that We have heard from the m o st res enable qulttet' the Administration have abandoned all hope of a adjustment with F rance. I t i s hi s opinion that the lig that a strong report was prevalent at the beg ;, n l -- u Executive will ca ll C ongress together, and that of this week in Holland, stating, that a great &Odd with little other expectation than to r eso l ve on open had been fought bet Ween the army under the COol' hostility with France, by allowing our merchant M vessels to ar m , by granting lett ers o f marque and maim] of L or d W cauNcaroN and that under J 's/. reprisal, and by repairing and increasing our navy. SP.NA, in which the latter was comletel defeated . Our situatio n w i t h G reat B r i ta i n, he thinks, will re . ' p y main in statu q u o. A s t o t h e em b argo, he has no P This report, we arc atne !, was strongly currsA i t idea that th e Ad m i n i strat i on h ave any intentions among high auth or i t i es i n H olland, but as our intentions of again recommending that system, as the former in- counts from Lord 'Wei. arsGTON's army were 6° ducement'that recommended it, the'desire of pleas- late as the 4th, and as it seems hard! ) , possible, lh a . c ing France n o l onger ex i sts. " any accounts of a later date should have reacbos .............• Holland when th e report prcvailed, we are not iii -d The Amer i can Pa ers contain a doc u M ent ined to rely on it, though we ceeLn it our duty " P p which It is • .present it to our readers, . . if genuine, is of great political i m p ortance . ........................ the following Copy of the Proclamation, by which, , r crelce The KING came to LOWn yosteroay, about Li- - it is said, the people of the Calaccas have declared o'clock, from Windsor, escorted by a party of lig h t f, themselves independent of Spain, as well as every other Europ ean or F ore i gn Power. horse. His NIAJEsrY was received by th e "Dukes ° , YORK, KENT, and CAMBit!ncE. AN - wit olie O'Cl°C k NEW YORK, JUNE I 9.—By the arrival of the brig the Duke of CUMBERLAND vt , ite, l His MAJEs'ff' Thomas, Captain INGRAM, we have been favonreu ; 1-1; p IH . 1 'L. 'r '''' His koya igwiess appears to be fast recur'"": r , with the following important State Paper,,issued by from his wounds. At three o'cl oc k th e Duke sctou the Supreme Government of the Caraccas, which we Thr K.ew in his c a r r i a .Y e , d rawn bt 1 - ' tai hasten to lay b e f ore our R eaders : ) .our oa. greys. DLCLARATION OF INDEPENDENCE.. r, . At two o'clock the Nit. , :u held a Ler&. wbic i ', It has pl e a se d Al m i g h ty God to grant to every . was "It(!li'jed by . , , The Lord Chancellor, the Lord l'res;dent of the C', , iinc , "; Country alike the natural right of its-own- sore- ' the Lord Privy. li:!d, the Fir;:t I. (od of the ir,a-t,y' ; 411 ' reign iy. ch3,,c)lnr ot tik. ENchequer, th e m.sst,r .ce1,..r.,. ~I '-'. These Provinces, planted by Spain, fostered and Ordiainca the thnv Seer,tarks of ,NrAte, th e cwnn,li.d ,, " .protected by her power, have, and of right ought to c C o l;i 4 " . l, tP i e_ll-u)u , litv,i:..ate, the I„ , u,i l_ ii:imberHi. ii. , ! . i ., c • . ',r 0 ...i . ? 1 )(40:1, 1-wds Wen! . ‘vo:r . h iin %%, otiti), fleati , !• , ..: have submitted to her guidance and direction, during g ol d stlJ,), : 4 /! ,1 i c w,h,,,,, 5 ,,, (7 o , h „ ra ~: , ,,,,u , ~, „al the period of their infancy, when, from • imbecility mg). E. lidillie, Gsnerai Needham, C0!:,,,el ii,woi l , Ma and weakness, they were incapable of their own go-` of arum Alontalernbert, Armstrong, ai,d ,:ir. t a ki . ,,lcr. The following had the bunour f.,f being p;t:,,tnlcO• vernmeot and protecti on . ' His M AJES"^Y • But Spain, deprived of her King by the trparal- t° , ‘ , l - , 8 ' ' • j Aron Montalembert on . - Pceiving the -Po -, 'elect perfidy of the Emperor of the French, her.En- ' censL r aisurne i t . ' I - ;-.. 1 - I . '.. • anc USe .IIS t:t.e iil .11, A_aje)fy 'a i.. 0 im ,) .;=" Lieutenant-Ueneral NeAhain, on iiiu benig app ,nite:l cu his arms, and the ancient, lawful, and acknowledg- lon i el of ti c , 85th Reirrumt. . ed Government of the country destroyed by the vio- inarte,e ( r in CiVof S r E ' '''" ' l3 ' ''l ' lle, he Arany in bengal a , t o e n P hTs v r '.' e ls: ! i t 'i r i ti C t o rr i,7l- t lent outrages of his sanguinary policy, there exists India neither reason, r i g h t , or j ust i ce, for . continuing our f. tqca ivaijsrdiz with di spatches. Armstron g , of the 50!!1 Regiment, on his a rrival o i 10 ; le_ . dependence on a Power - that has n o ex i s t ence b ut in i uiton, on pnd return from th memory; policy an d se lf preservation, therefore, carnal:aidi of 3 the Royal Artill his ery - , romotion in the Windward and Lee e de , nand that we s h ou ld provide for our cciiiiMoll ward Islanii safety, and the p rotect i on of these Provinces, by Lord Lewisha m, on hi s return from abroad. taking into o ur h ands t h e natural sovereignty of our, His MAJES TY h e ld a Privy Council, at which the Recorder of London attende'il, and madel his report country. • f eleven convi6ts capitally convicted in the June The period has a t l engt h arrived, when these o the Sessions, whe n , tA e un d ers!and, His MAJESTY was United Provinces pos sess both the strength and, the • gracily l power to piotea ineinselves. With a populati on of Royal ous pleasup eased to re s pir e t h em all during hisre. nine millions of inhabitants, with an extent of fertile territory supe r i or t o any His MAJE STY gave au di ences to .M . PancEvaL, .Empire on the Globe, and add the rest of the Cabi...et Ministers present L 0 iV D 0 Ai , THURSDAY, JULY 19, 1810. This morning we received French Papers to the 14th, and Dutch to the Pith inst. but they are 4 0- commonly barren of intelligence. No accoof' t whatever is given respeating Louts BUONAPARTO , but a long account is given in the Amsterdam niteur (for that is the name now given to the Royal Courant) of the entry of the French into that city'. I '~,,.., ~X+~ `~:;,. sac;= ';~ _. ,ir th to th e Dai l t4ry.